OxeAI Terms Of Service

Effective Date: April 17, 2026 - Last Updated: April 17, 2026

These Terms of Service (the "Terms") govern the use of and access to our websites, web portals, mobile applications, including Android and iOS (collectively, the "Apps"), products, software, APIs, and technology (collectively the "Services") provided by or on behalf of OxeFit, Inc. ("OxeFit", "we", "our", or "us"). These Terms specifically incorporate the App EULA, which governs your use of the mobile application, our Privacy Policy and any other agreements and policies referenced herein or that you enter into with us. The terms and policies referred to in these Terms are available at https://oxeai.com/terms-policies.

1. Agreement

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE CAREFULLY READ THIS LEGAL DOCUMENT AND IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT OXEFIT.COM/CONTACT.

PLEASE NOTE THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND OXEFIT ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER, THAT REQUIRE YOU TO ARBITRATE DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. ACCORDINGLY, YOU AGREE TO FOREGO YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE TERMS. INSTEAD, YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR, AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION "DISPUTE RESOLUTION" FOR DETAILS REGARDING THESE LIMITATIONS AND YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH US.

These Terms and the incorporated documents form a legally binding agreement between you and OxeFit. By creating an account, starting a free trial, downloading the mobile application or otherwise accessing or using the Services, you (as a "user") agree to be legally bound by these Terms. If you do not agree to the Terms, do not use or access the Services.

2. The Services

2.1 Description

OxeAI is a wellness application that provides a conversational assistant and personalized wellness insights. The Services use artificial intelligence ("AI") and machine learning ("ML") technologies to generate wellness recommendations, observations, and suggestions based on information you choose to provide — including profile data, conversational inputs, and data you connect through integrations with third-party health platforms such as Apple Health.

The Services also include a community sharing feature that allows you to share your progress on wellness plans with other OxeAI users. When you share progress, a structured post (such as "[Your name] made progress on [plan name]") is visible to all OxeAI users. Other users may view your shared progress and save the underlying plan to their own profile. Sharing is initiated by you — no progress or plan information is shared automatically. For details on sharing conduct, see Section 4.4. For details on how shared content is licensed, see Section 5.5.

2.2 Eligibility

You must be at least 18 years old, or such higher age as required in the jurisdiction in which you live, to use or access the Services. If you are under the legal age to form a legally binding contract in your jurisdiction, you may use the Services only with the permission of your parent or legal guardian. If you are a parent or legal guardian of such a user, you agree to be fully responsible for the acts or omissions of such user, including any breach of the Terms.

By creating an account, you represent and warrant that you are at least 18 years old, or are of the legal age required to form a legally binding agreement in your jurisdiction, and are not prohibited from using the Services under applicable law.

2.3 Account Registration and Security

To use the Services, you must create an account. By creating an account you agree:

• to provide accurate and complete contact and billing information and to keep such information up to date;
• we may use the information you provide to provide the Services you use or access as included in these Terms and our Privacy Policy;
• to not share your account or subscription with others;
• we may suspend or terminate your account if we reasonably believe that your account information is inaccurate, that your account has been compromised, or that your use of the Services violates these Terms

You may also create an account using a third-party authentication provider such as Google or Apple. If you do this, you authorize us to complete the registration and other relevant information fields of your account and/or use such third-party credentials to log you into your account, based on such third party's privacy policies.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately if you become aware of any unauthorized access to or use of your account.

3. Subscription and Payment

3.1 Free Trial

New users may be eligible for a free trial period. During the free trial period, you will have access to the Services without charge. At the end of the free trial period, your access will convert to a paid subscription unless you cancel before the trial period expires.

You must provide a valid payment method to start a free trial. You will not be charged during the trial period. If you cancel before the trial expires, you will not be charged, and your access to the Services will end at the conclusion of the trial period.

Free trial eligibility is limited to one trial period per person. We reserve the right to determine trial eligibility and to modify or discontinue free trial offers at any time.

3.2 Subscription Plans

After the free trial period (or upon initial subscription if no trial is available), you may subscribe to the Services on a monthly or annual basis at the prices published on our website or within the application at the time of your subscription. All prices are in U.S. dollars unless otherwise stated and are exclusive of applicable taxes.

By subscribing, you authorize OxeFit (or our third-party payment processor) to charge your selected payment method the applicable subscription fee, plus any applicable taxes, at the beginning of each billing cycle.

Some subscription plans may include "Unlimited" credits or usage. In these cases, "Unlimited" means you are not billed per request or per token. However, the Services operate on shared infrastructure. If credit consumption or usage exceeds normal usage patterns, we may apply limits or temporarily reduce processing speed to ensure reliable service for all users.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually, depending on the plan you selected) unless you cancel at least 24 hours before the expiration of your current billing period. The renewal charge will be at the then-current subscription fee.

3.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us as set forth in the Contact section below. Cancellation takes effect at the end of the current billing period — you will retain access to the Services until that date, but you will not be charged for subsequent periods unless you re-subscribe to an available plan. Cancellation does not entitle you to a refund for the current billing period, except as required by applicable law in the jurisdiction in which you live.

3.5 Changes to Pricing or Plans

We may change subscription prices or plan structures at any time by providing notification, which may be via the email address, phone number or other contact methods associated with your account or otherwise posted to the Services. Price changes will not affect your current billing period. Price changes will take effect at the beginning of your next subscription period that is at least thirty (30) days' after the notice date. If you do not agree to the new pricing, you may cancel before the change takes effect.

If we discontinue the Services entirely, we will provide at least sixty (60) days' notice to active subscribers and will refund the prorated portion of any prepaid subscription period.

3.7 Taxes

You are responsible for all applicable taxes, duties, or similar governmental charges associated with your subscription, except for taxes based on OxeFit's income. If we are required to collect taxes on your behalf, they will be added to your subscription charge.

4. Your Use of the Services

4.1 Permitted Use

The Services are provided for your personal, non-commercial use. You may use the Services to interact with the OxeAI assistant, receive wellness insights and recommendations, track wellness goals and activities, connect to third-party health platforms, and share your plan progress with other OxeAI users. You agree to use the Services only for their intended purpose and in compliance with these Terms and all applicable laws.

4.2 Restrictions

You agree not to:

• Use the Services for any purpose other than personal wellness tracking and guidance
• Use the Services to obtain or attempt to obtain medical diagnosis, treatment recommendations, or clinical assessments of any health condition
• Submit false, misleading, or fraudulent information to the Services
• Submit personal information of another person without their authorization
• infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Services or any underlying AI models or algorithms
• Attempt to extract, scrape, or systematically collect data from the Services, including AI-generated outputs
• Attempt to build a competing product or train separate AI models
• Interfere with, disrupt, or overload the Services or any associated infrastructure
• Circumvent, disable, or otherwise interfere with any security, authentication, or access control features of the Services
• Use the Services to transmit malware, spam, or other harmful content
• Use any user-controlled text field — including display names, plan names, or shared content — or any other portion of the Services to:
  • transmit content that is offensive, harassing, defamatory, discriminatory, sexually explicit, or otherwise objectionable
  • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity
  • exploits minors
• Use the Services in any manner that violates applicable law, regulation, or the rights of any third party
• Resell, sublicense, or provide access to the Services to any third party

4.3 Enforcement

We reserve the right to investigate suspected violations of these Terms and to take any action we deem appropriate, including suspending or terminating your access to the Services, removing content, and reporting illegal activity to law enforcement. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

4.4 Sharing and Community Features

The Services allow you to share your progress on wellness plans with other OxeAI users. When you use the sharing feature, the following applies:

What you share

When you share progress on a plan, the Services generate a structured post that is visible to all OxeAI users. This post may include your display name, the name of the plan, and your progress status. You initiate each share — the Services do not share your progress, plans, or any other information with other users automatically.

Visibility and audience

Shared progress posts are visible to all users of the Services. Before sharing, you should consider whether the plan name, or your participation in it, reveals information you are uncomfortable making visible to other users. For example, a plan with a name that references a specific health condition, injury, or personal goal will be visible in the context of your shared progress. You are solely responsible for deciding what to share.

Plan saving by other users

Other users who view your shared progress may save the underlying plan to their own profile. When another user saves your plan, they receive an independent copy that is no longer connected to your account. You will not be notified when another user saves your plan, and you will not have control over their copy after it is saved. If you later delete your account or remove the shared post, copies of the plan that have already been saved by other users will not be affected.

Removing shared content

You may remove a shared post at any time. Removing a post will make it no longer visible to other users, but will not affect copies of the underlying post that other users may have already saved to their profiles.

5. Content and Intellectual Property

5.1 OxeFit Intellectual Property

You acknowledge and agree the Services, including all software, algorithms, AI models, user interface design, trademarks, logos, documentation, aggregated data, and all other intellectual property associated with OxeAI, are and remain the exclusive property of OxeFit or its licensors. Unless expressly allowed by relevant law or authorized by OxeFit or the relevant third party, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the software, or content available on the Services (other than Your Content), in whole or in part. These Terms do not grant you any ownership interest in the Services. Your right to use the Services is limited to the license expressly granted in these Terms.

License. Your use of the App is further governed by the App EULA. Subject to your compliance with these Terms and the restrictions set forth below, we grant you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive, revocable license to access and use the Services for your own personal, non-commercial purposes. This license includes the right to view certain text, graphics, images, music, software, audio, video, works of authorship, and other information or materials that are posted, generated, provided, or otherwise made available by OxeFit through the Services ("Content"), provided you do not alter, mask, or remove any copyright, trademark, and other proprietary notices. The foregoing license will remain in effect unless you violate these Terms, this license or if you or OxeFit the Terms or this license.

Restrictions. Except as we expressly permit in writing, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble any component of the Services, nor will you take any measures to interfere with or damage the Services. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms.

The OxeFit and OxeAI names, logos, service marks, trademarks, designs, trade names, and trade dress (the "Trademarks") are our exclusive property, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that will cause confusion as to our endorsement or affiliation of any product, person, brand or service. You may not use the Trademarks without our prior written consent.

5.2 Your Content

You retain ownership of all personal information, data, and content that you provide to the Services ("Your Content"), including your profile information, conversational inputs, wellness data, and biometric or activity data shared from third-party platforms. By providing Your Content to the Services, you grant OxeFit a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to use, process, store, and transmit Your Content solely for the purpose of providing, operating, and improving the Services in accordance with our Privacy Policy. This license terminates when you delete Your Content or close your account, except to the extent we are required to retain data under applicable law, Your Content has been aggregated and de-identified, or you provided it for support purposes, in which cases, the license is perpetual.

You represent and warrant that you have the right to provide Your Content to the Services and that Your Content does not infringe the intellectual property or other rights of any third party.

5.3 AI-Generated Outputs

In the course of providing the Services, OxeAI generates wellness insights, recommendations, observations, and conversational responses based on Your Content and other available information ("AI-Generated Outputs").

You acknowledge that:

• AI-Generated Outputs are created by automated systems and may not be unique to you — similar inputs from different users may produce similar outputs
• AI-Generated Outputs may not be subject to copyright protection under applicable law
• You may not use AI-Generated Outputs for commercial purposes, to build competing products or services, or to train AI or ML models
• We retain the right to use aggregated and de-identified information derived from AI-Generated Outputs for the purpose of product research, improvement, support and development, as described in the Privacy Policy

5.4 Shared Content

When you share content with other OxeAI users, you grant OxeFit a non-exclusive, worldwide, royalty-free license to display your shared progress posts to other OxeAI users for as long as the shared post remains active. This license terminates when you remove the shared post or close your account.

You also grant other OxeAI users a non-exclusive, royalty-free license to view your shared progress posts and to save a copy to their own profile for personal, non-commercial use. Once another user saves a copy of your plan, that copy becomes part of their account data and is no longer subject to your control. This license is irrevocable with respect to copies that have been saved prior to your removal of the shared post or closure of your account.

You represent and warrant that any content you share through the sharing feature does not infringe the rights of any third party and does not contain information about another person that you are not authorized to disclose. You are solely responsible for any personal or sensitive information that may be revealed through the plan names, progress descriptions, or other user-controlled elements of your shared content.

We do not review or pre-screen shared content. We reserve the right to remove shared content that violates these Terms, but we have no obligation to monitor shared content and disclaim all liability for content shared by users.

5.5 Feedback

You may have the ability to provide comments, suggestions, ideas, original or creative materials, and other communications regarding the Services and the information we make available through the Services ("Feedback"). Your Feedback remains yours, but by providing it, you grant OxeFit a worldwide, non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. If you don't want to grant this license to us, do not provide Feedback. Feedback does not include Your Content or AI-Generated Outputs.

6. AI and Health Disclaimers

6.1 Nature of the Service

OxeAI is a wellness platform that uses artificial intelligence to generate personalized wellness insights and recommendations. The Services are designed to support your personal wellness goals. The Services do not constitute, and are not a substitute for, medical advice, diagnosis, treatment, or any form of healthcare.

6.2 No Medical Advice

OxeAI does not provide medical advice. The AI-Generated Outputs you receive through the Services are informational wellness recommendations, not clinical assessments or medical opinions. Specifically:

• OxeAI does not diagnose medical conditions or diseases
• OxeAI does not recommend or provide advice on medications, treatments, or medical procedures
• OxeAI does not generate clinical risk scores, diagnostic assessments, or prognostic evaluations
• OxeAI does not provide emergency medical guidance or crisis intervention

If you have a medical condition, are taking medication, are pregnant, or have other health concerns, you should consult a qualified healthcare professional before acting on any information provided through the Services. If you are experiencing a medical emergency, contact emergency services immediately. Do not rely on OxeAI in a medical emergency.

6.3 AI Limitations

AI-Generated Outputs are produced by automated systems based on statistical patterns and the information available to them. You acknowledge and agree that:

• AI-Generated Outputs may be inaccurate, incomplete, outdated, or not appropriate for your individual circumstances
• AI-Generated Outputs are non-deterministic — the same or similar inputs may produce different outputs at different times. Variation in outputs is an inherent characteristic of large language models and does not indicate error or inconsistency in the Services
• AI-Generated Outputs are personalized to the individual user based on their specific profile, wellness data, biometric data, activity history, goals, interaction history and other information provided by the user. Plans, insights, and recommendations generated for one user may not be safe, appropriate, or relevant for any other user
• The quality and relevance of AI-Generated Outputs depend on the accuracy and completeness of the information you provide
• OxeAI does not have access to information beyond what you provide through the Services and connected integrations — it does not access your medical records, insurance information, or other external health systems
• AI models may reflect biases present in their training data, and while OxeFit works to mitigate such biases, no AI system is entirely free from this limitation
• You are solely responsible for evaluating the suitability of any AI-Generated Output before acting on it

6.4 No Professional Relationship

Your use of the Services does not create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and OxeFit. We are not a healthcare provider, and the Services are not a medical device or regulated health product.

Users who share plans are not healthcare or wellness professionals (unless independently credentialed in their own capacity, which neither we nor the Services verify). Sharing a plan does not create any professional, advisory, or fiduciary relationship between the sharing user and any user who views or saves a plan, whether created by the user or is AI-Generated Output. Users are not providing professional advice by sharing a plan. The Services are for personal use and users may not charge any fees to other users.

6.5 Assumption of Risk

You understand and accept that any actions you take based on AI-Generated Outputs or plans and other information shared by another — including changes to your exercise routine, nutrition, sleep habits, or other wellness practices — are taken entirely at your own risk. We are not liable for any injury, harm, or other adverse outcome resulting from your reliance on information provided through the Services.

7. Third-Party Services

7.1 Integrations

The Services may integrate with third-party platforms, including Apple Health and similar health and wellness services. When you connect a third-party platform, data may flow between OxeAI and that platform as described in our Privacy Policy. Your use of any third-party platform is subject to that platform's own terms of service and privacy policy. OxeFit is not responsible for the availability, accuracy, or practices of any third-party platform.

7.2 Authentication Providers

If you create an account or sign in using a third-party authentication provider (such as Google, Apple, or Facebook), you authorize us to access and use the limited information that the provider makes available to us, as described in our Privacy Policy. Your relationship with the authentication provider is governed by that provider's terms.

7.3 Third-Party Links

The Services may contain links to third-party websites or resources. These links are provided for convenience only. We make no representations whatsoever about any other website that you may access through the Services. When you access a non-OxeFit website, please understand that it is independent from OxeFit, and that we have no control over its content, security, use, or policies and our provision of such a link does not mean that we endorse or accept any responsibility for the content or your use of the linked website. If you access third-party websites, you do so entirely at your own risk.

7.4 App Stores

If you access the Services through a mobile application downloaded from an app store (such as the Apple App Store or Google Play), you acknowledge that these Terms are between you and OxeFit, not the app store provider. The app store provider has no obligation to provide maintenance, support, or warranty for the Services. To the extent the app store provider's terms conflict with these Terms, these Terms govern your relationship with us.

8. Dispute Resolution

8.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@oxefit.com and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved through direct communication.

8.2 Agreement to Arbitrate

If we are unable to resolve a dispute informally, you and OxeFit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including any dispute regarding the interpretation, applicability, enforceability, or formation of these Terms or this Agreement to Arbitrate), except those outlined below, will be resolved exclusively through binding individual arbitration, rather than in court by judge or jury and the parties agree that each is waiving the right to trial by jury.

The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., ("JAMS") under the JAMS Comprehensive Arbitration Rules and Procedures in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitration will be conducted by a single arbitrator, in the English language. The arbitrator will conduct any hearings by teleconference or videoconference, unless the arbitrator determines, upon request by you or by us, that an in-person hearing is appropriate. Any in-person appearances will be held in Dallas, Texas. The arbitrator's decision will follow these Terms and will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

If this agreement to arbitrate is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of the Agreement shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas, Texas.

OxeFit will pay filing fees, administration fees, and arbitrator fees for claims under $10,000 unless the arbitrator determines that the claims are frivolous. If your claim exceeds $10,000, the allocation of fees will be governed in accordance with the applicable arbitration rules. Each party will bear its own attorneys' fees and costs unless the arbitrator awards fees to the prevailing party.

8.3 Class Action Waiver

You and OxeFit agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable with respect to a particular claim, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

8.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights. Claims brought in small claims court are also exempt from the arbitration requirement.

8.5 International Users

If you are located outside the United States, you acknowledge that these Terms are governed by Texas law as stated herein. However, nothing in these Terms limits consumer protection rights that you may have under the mandatory laws of your jurisdiction that cannot be waived by contract. For users in the European Economic Area, the United Kingdom, or the United Arab Emirates, mandatory local consumer protection laws apply to the extent they override these Terms.

9. Disclaimers, Releases, Limitation of Liability, and Indemnification

9.1 Disclaimers

Warranties. THE SERVICES, INCLUDING ANY CONTENT, INFORMATION OR AI-GENERATED OUTPUTS CONTAINED WITHIN THEM, ARE PROVIDED "AS IS," AND "AS AVAILABLE" WITH ALL FAULTS AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. OXEFIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES, CONTENT AND AI-GENERATED OUTPUTS INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, OXEFIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND, (A) THAT THE RESULTS FROM THE SERVICES, OR AI-GENERATED OUTPUTS ARE ACCURATE, COMPLETE OR APPROPRIATE (B) THAT ACCESS TO, OR USE OF, THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Health and Medical Care. THE SERVICES OFFER HEALTH, FITNESS AND WELLNESS INFORMATION AND ARE DESIGNED FOR YOUR PERSONAL EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR MEDICAL OR OTHER PROFESSIONAL PROVIDER BEFORE BEGINNING ANY NEW FITNESS, NUTRITION OR WELLNESS PROGRAM. DO NOT RELY ON THE SERVICES OR THE INFORMATION THEREIN AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, RECOMMENDATIONS OR OTHER PROFESSIONAL ADVICE OF ANY KIND. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE SERVICES. NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND WE HEREBY DISCLAIM IT TO BE, THE PRACTICE OF HEALTH OR MEDICAL CARE OR OTHER PROFESSIONAL ADVICE OF ANY KIND. FURTHER, DEVELOPMENTS IN MEDICAL AND OTHER RESEARCH MAY IMPACT THE HEALTH, FITNESS, NUTRITIONAL AND WELLNESS INFORMATION PRESENTED IN THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT SUCH INFORMATION CONTAINED OR PRESENTED IN THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO RELEVANT MATERIAL.

9.2 Releases

Use and Access. As a condition to accessing and using the Services, you acknowledge that you do so voluntarily and entirely at your own risk and you assume all risks of injury or death. You, on behalf of yourself, your heirs, executors, administrators, successors and assigns, expressly agree to release and discharge OxeFit, its staff, officers, directors, employees, trainers, agents, representatives, partners, affiliates and instructors from any and all claims, demands, or causes of action, present and future, whether known, unknown, anticipated or unanticipated, and agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action resulting from death, bodily, mental or emotional injury or property damage as a result of accessing or using the Services or the recommendations (including and AI-Generated Outputs) they may provide. YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE USING OR AS A RESULT OF ACCESSING OR USING THE SERVICES WHETHER OR NOT CAUSED BY NEGLIGENCE OR OTHER FAULT OF ANY ENTITY.

Geolocation. You accept all safety, security, and other risks associated with the use of any geolocation features, tools, and technology, including when recording or sharing GPS-based activities via the Services or using other map- or location-based features on the Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust. To the maximum extent permitted by law, OxeFit is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OXEFIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF OXEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OXEFIT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO OXEFIT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusion or limitation for consequential or incidental damages does not apply to you. To the extent that one or any aspect of OxeFit's limitations set out above does not apply, all remaining aspects survive.

9.4 Indemnification

You agree to indemnify, defend, and hold harmless OxeFit, its affiliates, officers, directors, employees, agents, contractors and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services in violation of these Terms
• Your Content or any information you provide through the Services
• Your violation of applicable law or the rights of any third party
• Any third party's access to or use of the Services through your account

This indemnification obligation survives termination of these Terms and your use of the Services.

10. Termination

10.1 Termination by You

You may close your account and terminate these Terms at any time by using the account closure feature within the Services or by contacting us. If you have an active paid subscription, closing your account constitutes cancellation of your subscription. Upon account closure, we will delete your personal information as described in our Privacy Policy.

10.2 Termination by OxeFit

We may suspend or terminate your account and access to the Services at any time if:

• You materially breach these Terms
• We reasonably believe your use of the Services poses a risk to the security or integrity of the Services or to other users
• We are required to do so by law or legal process
• You fail to pay any fees due under these Terms
• We discontinue the Services

Where practicable, we will provide notice and an opportunity to cure a breach before termination. For serious violations (fraud, security threats, illegal activity), we may terminate immediately without prior notice.

10.3 Effect of Termination

Upon termination:

• Your right to access and use the Services ends immediately
• Any outstanding subscription fees remain due and payable
• Your Content will be handled in accordance with our Privacy Policy, including our data retention and deletion practices
• Any license granted to you by us will terminate
• Sections that by their nature should survive termination will survive, including Content and Intellectual Property, AI and Health Disclaimers, Dispute Resolution, Disclaimers, Limitations of Liability and Indemnification, and General Provisions

11. Infringement Claims

We respect the intellectual property of others, and we ask our users to do the same. If you believe that the Services contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please see below for directions on how to report it.

The Digital Millennium Copyright Act ("DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted in the Services infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Services; (c) an address, telephone number, and email address where we can contact you; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; (e) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and (f) your electronic or physical signature.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

You may submit this information, or any counter-notice, via:

• Email, with the subject line "Copyright Notices" to copyright@oxefit.com
• Certified Mail: OxeFit, Inc., Attn: Copyright Agent, 2800 N. Dallas Parkway, Suite 340, Plano, TX 75093

Upon receipt of a notice alleging infringement, we will take the action we deem appropriate, at our sole discretion, including termination of access for repeat infringers of copyright-protected content and the removal of the allegedly infringing materials. We may request additional information before removing any allegedly infringing material. In the event we remove or disable access to the allegedly infringing materials, we will notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

If you have questions about the legal requirements of a DMCA notice or counter-notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information.

12. General Provisions

12.1 Entire Agreement and Governing Law

These Terms, together with any additional terms and policies incorporated herein you agree to when using specific features of the Services, constitute the entire agreement between you and OxeFit regarding the Services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms. If any provision of the Terms is for any reason or event found to be invalid or unenforceable, then the remainder of the Terms (and the remainder of the provision, to the extent possible) will remain in full force and effect and be interpreted so as best to reasonably effect the intent of the parties.

The Terms and your use of and access to the Services are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Subject to the arbitration provisions set forth herein, any legal suit, action or proceeding arising out of or related to the Agreement or your use of the Products and access and/or use of the OxeFit Platform may only be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city and county of Dallas, Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of the Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, it will be severed from these Terms.

12.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver of any provision is effective only if made in writing and signed by OxeFit.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.

12.5 Notices

We may provide notices to you through the Services (such as in-app notifications), by email to the address associated with your account, or by other means we reasonably believe will reach you. Notices to OxeFit must be sent to:

OxeFit, Inc.
Attn: Legal Department
2800 N Dallas Pkwy, Ste 340
Plano, TX
Email: legal@oxefit.com

12.6 Force Majeure

OxeFit will not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, power failures, internet disruptions, or other force majeure events.

12.7 No Third-Party Beneficiaries

These Terms do not create any rights for any third party, except that app store providers (Apple, Google) are intended third-party beneficiaries of these Terms solely with respect to their right to enforce applicable app store terms.

12.8 Changes to These Terms and Services

We may update these Terms from time to time at our sole discretion. When we make changes, we will notify you through the Services (such as an in-app notification or a banner on our website) and update the "Last Updated" date above. Modifications will be effective on the date that they are posted to the Services. It is important that you review the Terms whenever we update them before you access or use the Services. If you continue to access or use the Services after the effective date of the updated Terms, you agree to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, your only recourse is to stop using the Services may not access or use the Services anymore.

Because the Services are evolving over time, we reserve the right to make changes or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. You agree that OxeFit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

12.9 Contact

If you have questions about these Terms, please contact us at:

Email: support@oxefit.com
Address: OxeFit, Inc., 2800 N Dallas Pkwy, Ste 340, Plano, TX